Petrofer Chemie H R Fischer Gmbh And Co Kg ... vs United Petrofer Limited,
2026 Latest Caselaw 4879 Bom

Bombay High Court

Petrofer Chemie H R Fischer Gmbh And Co Kg ... vs United Petrofer Limited, on 12 May, 2026

                                                              1-IA-1232-2026 (OS).DOCX

                                                                                            Mayur


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              ORDINARY ORIGINAL CIVIL JURISDICTION

           INTERIM APPLICATION NO. 1232 OF 2026
                            IN
     COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUITS NO.
                        275 OF 2021

Petrofer Chemie H R Fischer Gmbh And Co Kg And Anr.                            ...Applicant
      Versus
United Petrofer Limited.                                                     ...Respondent

                           --------------------------------------------
Mr. Ashutosh Kane and Ms. Maitri, Asher, i/b W.S. Kane & Co., for
Applicant.
Mr. Madan Gupta, a/w Adv. S. Singh, for Respondents.
                           --------------------------------------------


                                     CORAM : ADVAIT M. SETHNA, J.

DATED : 12 MAY 2026 P.C.:- (VACATION COURT)

1. Heard learned counsel for the parties. With their assistance, I have

perused the said Interim Application, and the Affidavit of Compliance filed

by the Respondents in the Interim Application, particularly paragraph 4

thereof. In the said paragraph, the Applicant has stated that the Registrar of

Companies (ROC) has granted approval for the proposed change of name of

the Applicant Company to "Kronex Additives Limited" vide letter dated 9

1-IA-1232-2026 (OS).DOCX

May 2026. The Applicants are in the process of effecting the said name

change in accordance with law.

2. In this regard, learned counsel appearing for the Respondent has

taken the Court through the affidavit of compliance and the documents

from page 10 onwards, which include the correspondence made by the

Applicant with the Ministry of Corporate Affairs. More particularly, the

documents at Exhibit "C", addressed to the Government of India, Ministry

of Corporate Affairs. This to indicate that the application for change of

name would be allowed subject to compliance with Sections 4(2), 4(3), and

other applicable provisions of the Companies Act, 2013.

3. Mr. Kane, learned counsel appearing for the Applicant, has invited the

attention of the Court to the order dated 30 April 2026, which is pivotal to

the present proceedings. He has also referred to the order dated 6 November

2025 passed by the learned Single Judge of this Court, which had not been

complied with by the Respondents.

4. In this regard, Learned Counsel appearing for the Respondents

submits that the Respondents have accepted the order dated 6 November

2025, pursuant to which the affidavit of compliance has been filed before

this Court.

1-IA-1232-2026 (OS).DOCX

5. Mr. Kane has specifically invited the attention of the Court to

paragraph D of the said order dated 6 November 2025, wherein the Court,

inter alia, observed that since the Respondent (Defendant) is admittedly

using "unitedpetrofer.com" as the Defendant's domain name, the same

constitutes infringement of the Plaintiff's trademark. Accordingly, the Court

was of the prima facie view, based on the material relied upon, that the

Defendant's assertion that it is not using "PETROFER" as a trademark

cannot be accepted.

6. In view of the above observations, and considering that the

Respondents in the Interim Application have accepted the order dated 6

November 2025, the same is required to be complied with in letter and

spirit.

7. Learned counsel for the Respondents, on instructions, states that the

said domain name "unitedpetrofer.com", which constitutes to appear on the

website of the Respondents, shall cease to be used in any form and/or

manner whatsoever by the end of the day, i.e., by 5:00 p.m. tomorrow, 13

May 2026. Such statement is accepted as an undertaking to this Court in

compliance with the order dated 6 November 2025.

8. At this stage, Mr. Kane has expressed some apprehension considering

1-IA-1232-2026 (OS).DOCX

the past conduct of the Respondents. Be that as it may, on the assurance of

learned counsel for the Respondents on instructions, and on the basis of the

said undertaking as recorded above, this Court is hopeful that the orders of

the Court shall be scrupulously complied with.

9. Parties to act on authenticated copy of this order.

10. With the above directions, place the matter on 15 May 2026 for

Compliance.

(ADVAIT M. SETHNA, J)